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Legislative Implementation of Flexibilities - Argentina

Title:Articles 20, 27 (1 and 2) and 59 of the Law No. 24.481 of 23/05/1995 on Patents and Utility Models (as last amended by Law No. 24.572)
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

20. The application shall describe the invention with sufficient clarity and completeness for an expert with average knowledge in the field concerned to be able to carry it out. It shall likewise include a clear and accurate account of the best known method of carrying out and implementing the invention, and of the materials and components used.

The methods and processes described must be directly applicable in production.

In the case of applications relating to microorganisms, the product obtainable by means of a claimed process shall be described as well as the process itself in the relevant application, and a strain of the microorganism shall be deposited with an institution authorized for the purpose, as provided by regulation.

The public shall have access to the microorganism culture at the depository institution, as from the day of publication of the patent application, on conditions laid down by regulation.

27. On payment of the fee laid down in the implementing decree, the National Patent Administration shall undertake a substantive examination to determine compliance with the conditions set forth in Title II, Chapter I of this Law.

The National Patent Administration may request a copy of any substantive examination conducted by foreign examining offices according to the procedure laid down in the implementing decree, and may likewise seek expert opinions from researchers working in universities or science and technology institutes in the country, who in each case shall be rewarded as provided in the implementing decree.

Article 59

Patents and utility model certificates shall be wholly or partly null and void when they have been granted in violation of the provisions of this Law.

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